††††††† 1.(1) Rule 1.03(g) of the Rules of the Supreme Court, 1986 is
repealed and the following substituted:

†††††††††††† (g)† "enter judgment", "entering
judgment" or similar variations of these words mean to deliver to the
Court an order embodying a judgment or to cause the Registrar to make a formal
record of a judgment;

†††††††††††† (2)† The rules are amended by adding immediately
after rule 1.03(s) the following:

††††††††† (s.1)† "Registrar"
means the clerk, officer or employee of the Court designated by the Chief
Executive Officer in consultation with the Chief Justice of the Trial Division
to manage the operations of the registries in all judicial centres unless otherwise
provided;†

††††††† 2.Rule 1.05 of the rulesis repealed and the following substituted:

Waiver of rule by
agreement

† 1.05.Unless the Court otherwise orders, all the parties may, by a written
agreement that is filed with the Court agree to waive any provision of a rule
whereupon the provision shall not apply to the extent agreed.

††††††† 3.The rules are amended by adding immediately
after rule 1.06 the following:

Duties of
Registrar

† 1.07.Where
a rule or an order provides that a duty shall be discharged by the Registrar,
the duty may be discharged by a clerk, officer of employee of the Court who is
assigned by the Chief Executive Officer to discharge registry functions.

††††††† 4.Rule 5.02(1) of the rulesis repealed and the following substituted:

Commencing a
proceeding (Application)

† 5.02.(1) A proceeding

†††††††††††† (a)† in which the sole or principal question at
issue is, or is likely to be a question of law, or one of construction of a
statute, will, contract or other document;

†††††††††††† (b)† in which there is unlikely to be any
substantial dispute of fact; or

†††††††††††† (c)† which may be commenced by application, motion,
originating summons, petition or otherwise under a statute;

shall be commenced by filing with the
Court, or with a commissioner of the Supreme Court for the issue of originating
documents at the place where the commissioner resides, an originating
application (inter partes) with
notice attached in Form 5.02A and a true copy thereof in a proceeding between
parties or an originating application (an ex
parte) in Form 5.02B and a true copy thereof in an ex parte proceeding.

††††††† 5.Rule 5.03 of the rulesis repealed and the following substituted:

Commencing any
other proceeding

† 5.03.Every other proceeding, which is not within the provisions of rule
5.02, shall be commenced by filing a statement of claim with the notice
attached in Form 5.03A and a true copy thereof with the Court or with a
commissioner of the Supreme Court for the issue of originating applications or
documents at the place where the commissioner resides.

††††††† 6.Rule 5.04(1) of the rulesis repealed and the following substituted:

Duty of Registrar
on the filing of an originating document

† 5.04.(1) Upon receipt of an originating document initially filed
with the Court, the Registrar shall

†††††††††††† (a)† insert on the originating document a file
number and the date of filing;

†††††††††††† (b)† impress thereon the seal of the Court; and

†††††††††††† (c)† issue the originating document by signing it
and filing it in the Registry.

††††††† 7.(1) Rule 5A.01(1)(b) of the rulesis repealed and the following
substituted:†

†††††††††††† (b)† "approved software" means any form
of computer software identified in the Gazette
as having been approved by the Chief Executive Officer in consultation with the
Chief Justice of the Trial Divisionas
being suitable for use in the electronic filing of documents and entry of
judgments pursuant to this Rule, and includes a certificate template and a
judgment template;

†††††††††††† (2)† Rule 5A.01(1)(c) of the rulesis repealed and the following
substituted:

†††††††††††† (c)† "certificate template" means the
form of certificate reproduced as Form 5A.01A with such variations as the case
may require and, in the case of an electronic filing, a court form of
certificate, in electronic format, approved by the Chief Executive Officer in
consultation with the Chief Justice of the Trial Division;

†††††††††††† (3)† Rule 5A.01(1)(e) of the rulesis repealed and the following
substituted:

†††††††††††† (e)† "electronic seal" means a screened
image of the Seal of the Court which is used by software applications
authorized by the Chief Executive Officer in consultation with the Chief
Justice of the Trial Division that are protected by a password to which only
the Chief Justices and the Chief Executive Officer or persons designated by the
Chief Justices and the Chief Executive Officer have access;

†††††††††††† (4)† Rule 5A.01(1)(h) of the rulesis repealed and the following
substituted:

†††††††††††† (h)† "judgment template" means the form
of order reproduced in Form 5A.01B with such variations as the case may
require, and in the case of an electronic filing, a court form of judgment, in
electronic format, approved by the Chief Executive Officer in consultation with
the Chief Justice of the Trial Division.

††††††† 8.Rule 5A.02(1) of the rulesis repealed and the following substituted:

Entry of judgment

5A.02.(1) Where a judgment claimant seeks to enforce payment of a
fine, late payment penalty, forfeiture, assessment or tax by causing a judgment
of the Court to be entered against the person liable to pay it, the judgment
claimant shall, using the certificate template, file with the Court in the
Judicial Centre of St. John's a certificate, verified by the signature or the
electronic signature of a designated certifying official, certifying

†††††††††††† (a)† the name and current known address of the
person who is subject to and liable to pay the fine, late payment penalty,
forfeiture, assessment or tax;

†††††††††††† (b)† the fact that the fine, late payment penalty,
forfeiture, assessment or tax as the case may be, was imposed and the amount or
amounts thereof as well as the date of imposition and the date when it became
payable;

†††††††††††† (c)† the fact that the fine, late payment penalty,
forfeiture, assessment or tax or any portion thereof (and if a portion, the
amount of that portion) was not paid within the time allowed for payment;

†††††††††††† (d)† the amount or amounts for which judgment is
sought to be entered; and

†††††††††††† (e)† that the person making the certificate has
knowledge of the information in the certificate and has been duly authorized to
make the certificate and to request that the amount claimed be entered as a
judgment or to file it as a judgment of the court.

††††††† 9.Rule 5A.03 of the rulesis repealed and the following substituted:

Filing fees

5A.03.(1) Where
a certificate is filed electronically pursuant to this Rule, the judgment
claimant shall, no later than the next business day, forward to the Court by ordinary mail or otherwise
cause to be delivered to the Court
a cheque for the amount of the filing fees that would otherwise be payable for
the filing of an originating document under these Rules.

†††††††††††† (2)† Where facilities exist, the Chief Executive
Officer so approves and a judgment claimant consents, the payment of filing
fees may be effected by a pre-authorized chequing plan arranged with, or an
electronic debit charge made to, the banker of the judgment claimant.

††††† 10.(1) Rule 5A.04(1) of the rules is repealed
and the following substituted:

Records

5A.04.(1) The
Chief Executive Officer in consultation with the Chief Justice of the Trial
Division may establish and the Registrar may maintain an electronic data base
for the storage of all documents filed electronically pursuant to this Rule and
of all judgments entered pursuant to such filings; and where such a data base
is maintained, the keeping of records by conventional means may be dispensed
with.

†††††††††††† (2)† Rule 5A.04(2)(b) of the rulesis amended by deleting the words "or
of any person to whom the duty of the Registrar has been assigned pursuant to
section 63(2) of the Judicature Act".

††††† 11.Rule 7.10 of the rulesis repealed and the following substituted:

Relator actions

† 7.10.Before the name of any person is used in a proceeding as a relator,
that person shall give a written authorization to that person's solicitor to
use that person's name and the authorization shall be filed with the Court.

††††† 12.Rule 7A.01(1)(d) of the rulesis repealed.

††††† 13.(1) Rule 7A.03(3) of the rulesis repealed and the following substituted:

†††††††††††† (3)† On the commencement of a class proceeding or
on the filing of an application† to
certify a class action in a judicial centre other than the judicial centre of
St. Johnís, the clerk, officer or employee responsible in that judicial centre
shall notify the class proceedings co-ordinator of the particulars of the proceeding.

†††††††††††† (2)† Rule 7A.03(8) of the rulesis repealed and the following substituted:

†††††††††††† (8)† Where a case management judge has been
assigned in accordance with this rule, all subsequent applications in the
proceeding shall be made to that judge and the party filing an application with
the Court shall endorse on the application the name of the case management
judge.

††††† 14.(1) Rule 8.02(6) of the rules is repealed
and the following substituted:

†††††††††††† (6)† The name of the person shall not be used in
any proceeding nor shall any person intervene or appear in a proceeding as the
guardian ad litem of a person under disability until there has been filed with
the Court†

†††††††††††† (a)† his or her written consent to be the guardian
ad litem; or

†††††††††††† (b)† where that person is the guardian of the estate
of the person under disability or has been appointed as guardian ad litem by
the Court, a certificate of his or her authorization or appointment.

†††††††††††† (2)† Rule 8.02(7) of the rules is repealed and the
following substituted:

†††††††††††† (7)† Except where the person proposing to be
guardian ad litem is the guardian of the estate of a person under disability or
has been appointed as guardian ad litem by the Court, the solicitor for a
person under disability, before acting in a proceeding, shall file with the
Court a certificate showing that the solicitor knows or believes

†††††††††††† (a)† that there is no guardian of the estate of the
person under disability and that no person has been appointed as guardian ad
litem for the person under disability; and

†††††††††††† (b)† that the guardian ad litem. of the person
under disability has no interest in the proceedings adverse to that person.

††††† 15.Rule 10.02(1) of the rules is repealed and the
following substituted:

Filing a defence

10.02.(1) When a defendant is served with a statement of claim in
Form 5.03A the defendant shall, within ten days after service thereof on the
defendant, or within such time as the Court may order, or rule 14.23(2)
provides, file a defence and copy with the Court.

††††† 16.Rule 14.01(2) of the rules is repealed and the
following substituted:

†††††††††††† (2)† All other pleadings shall be served by filing
the pleadings with the Court and serving a true copy on the opposing party,
within ten days after service of the pleading to be answered and excluding the
day of such service.

††††† 17.Rule 14.02(1)(b)(i) of the rules is repealed
and the following substituted:

††††††††††††††††††††† (i)† the date of issue by, or
the date of filing with the Court,

††††† 18.Rule 17A.02(6) of the rules is repealed and the
following substituted:

†††††††††††† (6)† On an application under this rule each party
shall serve on every other party to the application a memorandum consisting of
a concise statement of the facts and law relied on by the party and file it
with the Court not later than forty-eight hours before the day set for the
hearing.

††††† 19.Rule 19.03(1) of the rulesis repealed and the following substituted:

Costs

19.03.(1) Subject to rule 19.02, a party discontinuing a proceeding
or withdrawing any cause of action therein or withdrawing the defence or any
part thereof shall pay the costs of any opposing party to the date of giving
notice of discontinuance or withdrawal to the party and, if before the payment
of the costs the party subsequently brings a proceeding for the same, or
substantially the same claim, the Court may order the proceeding to be stayed
until the costs are paid.

††††† 20.Rule 20.01(3) of the rulesis repealed and the following substituted:

†††††††††††† (3)† On making a payment into Court under Rule 20,
a defendant shall forthwith file with the Court and serve on every other party
a notice of payment in Form 20.01A stating the cause of action in satisfaction
of which payment is made and the amount paid, or where there is more than one
cause of action stating whether the payment is in satisfaction of all the
causes of action and the amount paid, or if in satisfaction of one or more of
them, stating the causes of action and the amount paid in respect of each of
them.

††††† 21.Rule 20.06 of the rulesis amended by deleting the words "from the Registrar".

††††† 22.Rule 20.11 of the rulesis repealed and the following substituted:

Method of payment
of money into Court

20.11.Unless the Court otherwise orders, on payment of any money into
Court, the Registrar shall

†††††††††††† (a)† give a receipt for
the payment which shall contain a notation of the proceeding and purpose for
which the payment was made;

†††††††††††† (b)† maintain a ledger
account of his or her records respecting the payment; and

†††††††††††† (c)† deposit same in a
trust account in a chartered bank.

††††† 23.Rule 20.12(3) of the rulesis amended by deleting the words "by the Registrar".

††††† 24.Rule 20.14 of the rulesis repealed and the following substituted:

Unclaimed balances
paid to Consolidated Revenue Fund

20.14.Unless the Court otherwise orders, the Chief Executive Officershall transfer to the Consolidated
Revenue Fund the balance remaining to the credit of a proceeding

†††††††††††† (a)† when the balance does not exceed $500.00 and
five years have elapsed without the balance being closed; or

†††††††††††† (b)† in any case, when ten years have elapsed after
the last payment into Court in the proceeding,

but the transfer shall not prejudice the
right of any person entitled to the balance to obtain payment.

††††† 25.Rule 23.01(1) of the rules is repealed and the
following substituted:

Notice of change
of solicitor

23.01.(1) A party who sues or defends by a solicitor may change the
solicitor without an order, but until notice of the change is filed with the
Court and served on every other party, the former solicitor shall, subject to
rule 23.05 or 23.06, be considered the solicitor of the party until the
conclusion of the proceeding.

††††† 26.Rule 23.05(2) of the rulesis repealed and the following substituted:

†††††††††††† (2)† Where an order is made under rule 23.05(1),
the applicant shall serve on every other party a copy of the order and file it
with the Court.

††††† 27.Rule 23.06(1) of the rulesis repealed and the following substituted:

Withdrawal of
solicitor who has ceased to act for party

23.06.(1) Where a solicitor, who has acted for a party in a
proceeding has ceased to so act and the party has not given notice of change in
accordance with rule 23.01, or notice of intention to act in person in
accordance with rule 23.04, the solicitor may apply to the Court for an order
declaring that the solicitor has ceased to be the solicitor acting for the
party, and the Court may so order, but unless and until the solicitor files the
order with the Court and serves a copy of the order on every party, the
solicitor shall be considered the solicitor of the party until the conclusion
of the proceeding.

††††† 28.Rule 24.03(d) of the rulesis repealed and the following substituted:

†††††††††††† (d)† file the account and affidavit with the Court
and notify any other party that the accounting party has done so.

††††† 29.Rule 25.02(2) of the rulesis repealed and the following substituted:

†††††††††††† (2)† The security shall be filed with the
Court.†

††††† 30.Rule 26.10(1) of the rulesis repealed and the following substituted:

Report of result
of sale

26.10.(1) A report, verified by affidavit, of the result of a sale
made under an order of the Court shall be prepared by the sheriff or person
conducting the sale and shall be filed immediately after the sale with the
Court.

††††† 31.Rule 27.01(2) of the rulesis repealed.

††††† 32.(1) Rule 27.03(1) of the rulesis repealed and the following substituted:

Bond in support
of interlocutory recovery order

27.03.(1) Unless the Court otherwise orders, the applicant shall provide
to the Court a bond in Form 27.03A before an interlocutory recovery order is issued.

†††††††††††† (2)† The rules are amended by adding immediately after
rule 27.03(1) the following:

†††††††† (1.1)† Unless the Court otherwise orders, the bond in
paragraph (1) shall be an amount equal to one and one quarter times the value
of the property sought to be recovered, as stated in the applicant's affidavit,
with two sufficient sureties or other form of sufficient security, approved by
the Court.

†††††††††††† (3)† Rule 27.03(4) of the rulesis repealed and the following substituted:

†††††††††††† (4)† A bond and any security taken thereunder may,
by leave of the Court granted on such terms as are just, be assigned by the
Registrar to the party from whom the property was recovered and when so
assigned that party may realize on the security and commence a proceeding to
enforce the bond in that party's own name against all or any of the persons who
executed it.

††††† 33.(1) Rule 27.04(1)(c) of the rulesis repealed and the following substituted:

†††††††††††† (c)† direct the sheriff to deliver possession of
the property recovered to the applicant when the party, from whom the property
is recovered, does not deliver to the sheriff, within three days after a true
copy of the order is served on that party, a certificate from the Registrar
stating that the party has filed with the Court a bond pursuant to rule 27.06;

††††† 34.Rule 27.05(4) of the rulesis repealed and the following substituted:

†††††††††††† (4)† Before the expiration of ninety days from the
date of the issue of an interlocutory recovery order or when directed by the
Court, the sheriff shall file the order with the Court with a report of any
action taken by the sheriff thereunder.

††††† 35.(1) Rule 27.06(1) of the rulesis repealed and the following substituted:

Retention or repossession
of property taken under an interlocutory recovery order

27.06.(1) Any party or person, claiming to be
the owner or entitled to possession of any property recoverable under an
interlocutory recovery order, is entitled to retain or regain possession of the
property if the party or person files with the Court not later than three days
after a true copy of the order is served on the party or person

†††††††††††† (a)† an affidavit stating that the party or person
is entitled to possession of the property by virtue of the facts set forth
therein; and

†††††††††††† (b)† unless the Court otherwise orders, a bond in
Form 27.06A in an amount equal to one and one-quarter times the value of the
property recovered as determined by the sheriff, with two sufficient sureties.

†††††††††††† (2)† Rule 27.06(6) of the rulesis repealed and the following substituted:

†††††††††††† (6)† Where the person or party entitled to retain
the property under rule 27.06(1) is a public officer, board or government
agency, such officer, board or government agency may, in lieu of giving a bond
in Form 27.04A, retain possession of any property seized by filing with the
Court, within the time limited by the rule, a writing certifying that public
health, safety or welfare would be jeopardized or impaired if the applicant
acquired possession of the property prior to judgment being entered, but the
applicant may apply to the Court to determine whether the public interest
requires the property to be so retained.

††††† 36.Rule 27.07(2)(b) of the rulesis repealed and the following substituted:

†††††††††††† (b)† forthwith file with the Court a certificate setting
out

††††††††††††††††††††† (i)† the number and class of any share so retained
with the certificate number and the name and address of any registered owner
thereof,

†††††††††††††††††††† (ii)† the number, face value and description of any
bond or debenture with the serial number thereof and the name and address of
any registered owner thereof, and

††††††††††††††††††† (iii)† a description of any other interest of the
defendant in the body corporate so retained.

††††† 37.Rule 27.09(2) of the rulesis repealed and the following substituted:

†††††††††††† (2)† Unless the Court otherwise orders, the sheriff
shall forthwith on the sale of a property file a report thereon with the Court
and pay the proceeds, less his or her fees and expenses, into Court to be held
pending further order.†

††††† 38.(1) Rule 27.13(1) of the rulesis repealed and the following substituted:

Application for a
final recovery order

27.13.(1) Where it is sought to enforce a final order for the
recovery of possession of property, the Court may, on an ex parte application supported by affidavit, grant an order in Form
27.13A for the sheriff to deliver possession of the property as provided in the
order.

†††††††††††† (2)† Rule 27.13(3) of the rulesis repealed and the following substituted:

†††††††††††† (3)† When the sheriff is unable to take possession
of any property referred to in the order, the sheriff shall forthwith file the
order with the Court with the sheriff's report endorsed thereon or attached
thereto, and the Court may grant such further order as is just.

††††† 39.Rule 29.05(1)(b) of the rulesis repealed and the following substituted:

†††††††††††† (b)† where the application is ex parte, by filing the application and affidavit with the Court
before the hearing.

††††† 40.Rules 29.08(1), (2) and (3) of the rulesare repealed and the following
substituted:

Filing of
documents for use of the Court

29.08.(1) An applicant shall, as provided in rule 29.08(3), mail to
or file with the Court the following documents for the use of the Court,

†††††††††††† (a)† a copy of the originating or interlocutory application
and any supporting affidavit;

†††††††††††† (b)† a memorandum listing any authority and the
applicable provisions of any statute, regulation or rule that are to be relied
upon by the applicant on the application; and

†††††††††††† (c)† a copy of any material document, including any
proposed order.

†††††††††††† (2)† An opposing party shall, as provided in rule
29.08(3), mail to or file with the Court the following documents for the use of
the Court,

†††††††††††† (a)† a copy of any affidavit or other material
document to be used by him or her on the application; and

†††††††††††† (b)† a memorandum listing any authority and the
applicable provisions of any statute, regulation or rule that are to be relied
upon by the opposing party on the application.

†††††††††††† (3)† Unless the Court otherwise orders, the
documents referred to in rules 29.08(1) and 29.08(2) shall be filed with the
Court

†††††††††††† (a)† on a contested application, at least one clear
day before the hearing; and

†††††††††††† (b)† on an ex parte application, not later than
twelve o'clock noon of the day preceding the hearing.

††††† 41.Rule 29.15 of the rulesis repealed and the following substituted:

Filing of documents

29.15.Any document used on a hearing of an application shall be filed with
the Court before the order is issued.

††††† 42.Rule 30.12(1) of the rules is repealed and the
following substituted:

Delivery of depositions

30.12.(1) The examiner shall deliver a copy of the depositions,
signed and certified by the examiner, to any party who orders it and the copy
shall, subject to the provisions of rule 30.13 and without proof of his or her
signature, be received in evidence subject to all just exceptions, but the
depositions shall not be filed with the Court without the consent of the
parties or an order of the Court.

††††† 43.Rule 32.01(1) of the rules is repealed and the
following substituted:

List of
documents: exchange

32.01.(1) Unless the Court otherwise orders, a party to a proceeding
shall, within ten days after the close of the pleadings between an opposing
party and the party, or within seven days after the service of the originating
document where there are no pleadings, file and serve on the opposing party a
list in Form 32.01A of the documents of which the party has knowledge at that
time relating to every matter in question in the proceeding and file the list
with the Court without a copy of any document being attached thereto.

††††† 44.Rule 37A.01(f) of the rulesis repealed and the following substituted:

†††††††††††† (f)† "mediators list" means a list of
names of mediators that is maintained by the Court.

††††† 45.Rule 37A.08 of the rulesis repealed and the following substituted:

Mediators fees

37A.08.† (1) A
mediator on the mediators list shall file with the Court the mediatorís
schedule of fees.

†††††††††††† (2)† A mediator under this rule,

†††††††††††† (a)† who is on the mediators list shall not charge
fees for his or her services in excess of those filed with the Court, or

†††††††††††† (b)† who is not on the mediators list shall not
charge fees and expenses in excess of a schedule of fees negotiated in advance
with the parties and reduced to writing.

††††† 46.Rule 37A.09(2) of the rulesis repealed.

††††† 47.Rules 40.04(1) and (2) of the rules are
repealed and the following substituted:

Setting down for
trial - General

40.04.(1) If a trial date has not been set under rule 40.03 and the
proceeding is ready for trial, the parties may jointly initiate the procedures
for setting the case down for trial by

†††††††††††† (a)† filing with the Court a trial record
containing a copy of

††††††††††††††††††††† (i)† the pleadings, particulars and admissions, and

†††††††††††††††††††† (ii)† orders relating to the conduct of the trial;
and

†††††††††††† (b)† filing a Certificate of Readiness in Form
40.04A signed by all parties or their counsel.

†††††††††††† (2)† The trial record shall be filed with the Court
at the same time as the Certificate of Readiness.

††††† 48.Rule 40.06(3)(b) of the rules is repealed and
the following substituted:

†††††††††††† (b)† 30 days has passed, or a longer time as all
parties may agree in writing filed with the Court, since a settlement conference
or mini-trial; and

††††† 49.Rule 40.07(b) of the rulesis repealed and the following substituted:

†††††††††††† (b)† if a consent order is required as part of the
settlement, the form of that order shall be filed with the Court for delivery
to the judge who conducted the pre-trial conference, settlement conference or
mini-trial, if any, or to a judge in any other case, and, if approved, rule
40.07(a) shall apply.

††††† 50.Rule 40.09(3) of the rulesis repealed.

††††† 51.Rule 40.10 of the rules is repealed and the
following substituted:

Brief for trial
judge

40.10.Each party shall, on or before the fourth day preceding the trial,
file with the Court and provide to each other party either

†††††††††††† (a)† confirmation that the party will rely on the
pre-trial brief prepared under rule 39A.03(1) with no changes; or

†††††††††††† (b)† an amended brief containing a summary of the
facts, issues and law relevant to the proceeding.

††††† 52.Rule 40.12 of the rulesis repealed and the following substituted:

Notification of
change in status

40.12.A party shall immediately provide the Court with information that
may affect the estimated duration of a trial or changes in contemplated
procedure or circumstances that may result in delay of the trial.

††††† 53.Rule 43.03(1) of the rulesis repealed and the following substituted:

Report of referee

43.03.(1) The report of a referee, together with a copy of any
evidence taken on the trial or inquiry and any exhibits used thereat, shall be
filed with the Court and a copy of the report served on each party.

††††† 54.Rule 46.23(2) of the rulesis repealed and the following is substituted:

†††††††††††† (2)† A subpoena shall be issued by the Registrar
after a copy is filed with the Court.

††††† 55.Rule 46.24 of the rulesis repealed and the following substituted:

Amendment of a
subpoena

46.24.(1) Where a subpoena has been issued but not served, the Registrar
may, upon request, withdraw the original subpoena and issue a new subpoena.

†††††††††††† (2)† Where a subpoena has been served, it may be
amended by filing an amended subpoena, endorsed with the words "amended
and reissued", with the Court for reissue and serving a copy thereof on
each person who has been served with the original subpoena.

††††† 56.Rule 47.03(3) of the rulesis repealed and the following substituted:

†††††††††††† (3)† Where a person, subpoenaed under rule 47.03(1)
and tendered the proper fee, refuses or fails to attend the examination, or refuses
to be sworn or answer any lawful question or produce any document thereat, the
examiner shall file a certificate to that effect with the Court, whereupon any
party may apply ex parte to the Court
for an order requiring the person to attend or be sworn or answer any question
or produce any document.

††††† 57.Rule 47.05(3) of the rulesis repealed and the following substituted:

†††††††††††† (3)† Where an order or letter of request directs an
examination to take place upon written interrogatories, the interrogatories in
chief shall, unless it is otherwise ordered, be delivered to the opposite party
at least ten days before the dispatch of the order or letter, and any
cross-interrogatories shall be delivered to the opposite party within five days
after the receipt of the interrogatories in chief, and in default of
cross-interrogatories being delivered the opposite party may dispatch the order
or letter of request without cross-interrogatories.

††††† 58.Rule 47.09(5) of the rulesis repealed and the following substituted:

†††††††††††† (5)† The depositions, any interrogatories and
cross-interrogatories, and any exhibits or certified copies thereof or extracts
therefrom shall be sent to the Court.

††††† 59.Rule 48.03(2) of the rulesis repealed and the following substituted:

†††††††††††† (2)† An exhibit referred to in an affidavit, that
is not stated to be attached or otherwise annexed and that bears the
certificate of the person before whom it is sworn or affirmed, shall be left
with the Court and, unless otherwise ordered, shall be returned on the disposal
of the application, provided that, when possible, a true copy of the exhibit
shall be attached to the affidavit when it is filed and served.

††††† 60.Rule 48.15(1) of the rulesis repealed and the following substituted:

Filing of
affidavits

48.15.(1) Every affidavit shall be filed with the Court before an
order is issued in a proceeding.

††††† 61.Rule 49.03(1) of the rulesis repealed and the following substituted:

Drawing up of
order

49.03.(1) Subject to rule 49.03(2), an order shall be drawn up by the
successful party, settled as provided by rule 49.04(1), and filed with the
Court provided that when an order is not filed within ten days after the
decision or direction is given, any other party may draw up, settle and file
the order.

††††† 62.(1) Rule 49.05(1)(a) of the rulesis repealed.

†††††††††††† (2)† Rule 49.05(1)(b) of the rulesis repealed.

†††††††††††† (3)† Rule 49.05(3) of the rulesis repealed.

††††† 63.Rule 49.11 of the rulesis repealed and the following substituted:

Satisfaction of
judgment

49.11.The Registrar shall enter that an order has been satisfied when
there is filed with the Court

†††††††††††† (a)† a satisfaction piece in Form 49.11A, signed by
the judgment creditor, or the judgment creditor's solicitor of record, or by
any other person entitled to the benefit thereof who attaches to the
satisfaction piece an affidavit establishing that person's entitlement thereto;
or

†††††††††††† (b)† an order of the Court releasing the order.

††††† 64.Rule 49.18(2) of the rulesis repealed and the following substituted:

†††††††††††† (2)† The Court may direct any claimant, who did not
attend on the adjudication under rule 49.18(1) and whose claim for any part
thereof has been allowed or disallowed, to be served with a notice in Form
49.18A informing the claimant of that fact and stating that, if the claimant is
dissatisfied with the amount allowed or the disallowance of the claimant's
claim, the claimant must within ten days from the receipt of the notice apply
for a rehearing of the claim, otherwise the adjudication shall be final.

††††† 65.Rule 49.19 of the rulesis repealed and the following substituted:

Certificate of
judgment of Supreme Court of Canada

49.19.When a judgment of the Supreme Court of Canada on appeal is
certified by the Registrar thereof and filed with the Court, the Registrar
shall enter the same and all subsequent proceedings may be taken thereon as if
the judgment had been given or pronounced by the Court.†

††††† 66.Rule 49.20(1) of the rulesis repealed and the following substituted:

Judgments under
the Canada and the United Kingdom
Reciprocal Recognition and Enforcement of Judgments Act

49.20.(1) When a judgment of the United Kingdom is filed with the
Court pursuant to the provisions of The Convention between Canada and United
Kingdom providing for the Reciprocal Recognition and Enforcement of Judgments
in Civil and Commercial Matters, the Registrar shall enter the same and all
subsequent proceedings may be taken thereon as if the judgment had been given
or pronounced by the Court.

††††† 67.Rule 50.04(1) of the rulesis repealed and the following substituted:

Where leave to
issue orders necessary

50.04.(1) A receivership order or contempt order to enforce an order
shall not be issued without leave of the Court where

†††††††††††† (a)† 6 years or more have elapsed since the date of
the order;

†††††††††††† (b)† a change has taken
place, whether by death or otherwise, in the party entitled or liable under the
order; or

†††††††††††† (c)† under the order, any
person is entitled to relief subject to the fulfilment of any condition which
it is alleged has been fulfilled.

††††† 68.Rule 52.02(5) of the rulesis repealed and the following substituted:

†††††††††††† (5)† Unless the Court otherwise orders, a bond or
other security that a receiver gives under rule 25.02 shall be approved by and
filed with the Court before a receivership order is issued.

††††† 69.Rule 54.07 of the rules is repealed and the
following substituted:

Endorsement on
originating application

54.07.(1) There shall be endorsed upon an originating application for
an order in the nature of certiorari a notice to the following effect, adapted
as may be necessary and addressed to the judge, justice or justices, officer,
clerk or tribunal:

"You are hereby required forthwith
after service of this originating application on you to return to the Supreme
Court of Newfoundland and Labrador at _______________, Newfoundland and
Labrador, the order, decision or reasons for judgment, together with the
process commencing the proceeding, the evidence and all exhibits filed, if any,
and all things touching the proceeding as fully and entirely as they remain in
your custody, together with this notice.

DATED at ____________, Newfoundland
and Labrador, this __________ day of
__________, 20_____.

TO:†
A.B.

C.D.,
of _______________ Street
_________________, Newfoundland and Labrador,
Solicitor for the applicant."

†††††††††††† (2)† All things required by rule 54.07(1) to be
returned to the Court shall, for the purpose of an application for an order in
the nature of certiorari, be deemed to be part of the record.

††††† 70.(1) Rule 54.08(1) of the rulesis repealed and the following substituted:

Return of lower court

54.08.(1) Upon receiving an originating application so endorsed, the
judge, justice or justices, officer, clerk or tribunal, shall return forthwith
to the Court the order, warrant, decision or reasons for judgment, together
with the process commencing the proceeding, the evidence and all exhibits
filed, if any, and all other things in the proceeding, together with the
originating application served upon him or her, with a certificate endorsed
thereon in the following form:

"Pursuant to the accompanying notice I
herewith return to this Honourable Court the following papers and documents,
that is to say,

††††††††††††††††††††† (i)† the order or decision (or as the case may be)
and the reasons therefore,

†††††††††††††††††††† (ii)† the process commencing the proceeding and the
warrant issued thereon,

††††††††††††††††††† (iii)† the evidence taken at the hearing and all
exhibits filed, and

††††††††††††††††††† (iv)† all other papers or documents in the proceeding,

and I hereby certify to this Honourable
Court that I have truly set forth all the papers and documents in my custody
and power in the proceeding set forth in the originating application."

†††††††††††† (2)† Rule 54.08(3) of the rulesis repealed and the following substituted:

†††††††††††† (3)† When the papers and documents have not been received
by the Court as provided in rule 54.08(1), the Registrar shall return a certificate
of the fact to the Court.†

††††† 71.Rule 54.14(1) of the rulesis repealed and the following substituted:

Disclaimer

54.14.(1) When a defendant does not intend to defend, the defendant
may, to prevent the entry of judgment by default, file a disclaimer with the
Court and deliver a copy to the relator or the relator's solicitor.

††††† 72.(1) Rule 55.18(2) of the rulesis repealed and the following substituted:

†††††††††††† (2)† At any time while the agreement is before the
taxing officer or within ten days after the taxing officer has given his or her
decision on review, the taxing officer may, and on the request of the client
shall, refer the agreement to the Court by transmitting all the material before
the taxing officer to the Court.

†††††††††††† (2)† The rules are amended by adding immediately
after rule 55.18(2) the following:

†††††††† (2.1)† Upon referral of the agreement to the Court
pursuant to paragraph (2), the Registrar shall obtain an appointment for the
review and notify the solicitor and the client of the appointed time.

††††† 73.(1) Rule 55.35(2) of the rulesis repealed and the following substituted:

†††††††††††† (2)† An appellant shall appeal to a judge of the
General Division by filing with the taxing officer and the Court a notice of
appeal and serving it upon every other party.

†††††††††††† (2)† Rule 55.35(4)(a) of the rulesis repealed and the following
substituted:

†††††††††††† (a)† returnable within fifteen days from the date
of filing with the Court, and

††††† 74.Rule 55.38(1) of the rulesis repealed and the following substituted:

Amendment of
execution order

55.38.(1) If an execution order has been issued for costs which are
reduced or increased on appeal, the execution order shall be returned to the
Court for amendment in accordance with the order made upon the appeal.

††††† 75.Rule 56.05(1) of the rules is repealed and the
following substituted:

Form of
application

56.05.(1) Every application for a grant shall be in Form 56.05A, and
shall be signed by the applicant or the applicant's solicitor and shall be
filed with the Court.

††††† 76.Rule 56.27 of the rules is repealed and the
following substituted:

Order for passing
accounts

56.27.When the Master has completed his or her report the Master shall
file it with the Court forthwith and the accounting party or any party
interested may after notice to all interested parties apply to the judge for an
order allowing and passing the accounts in whole or in part.

††††† 77.Rule 56.28(3) of the rules is repealed and the
following substituted:

†††††††††††† (3)† Any party interested in an estate or administration
thereof as beneficiary or creditor or as surety under any bond may apply to a
judge on ten clear days' notice to the executor, administrator, guardian or
trustee, or on such notice and to such person as the judge may direct, for an
order calling upon the executor, administrator, guardian or trustee to exhibit
and deposit with the Court an inventory of the estate under administration and
an account under oath or affirmation of the administration by the executor,
administrator, guardian or trustee and to proceed to have it passed and
allowed.

††††† 78.Rule 56.29(1) of the rules is repealed and the
following substituted:

Filing of
releases

56.29.(1) Executors or administrators may file with the Court
releases executed in Form 56.29A

†††††††††††† (a)† by all adults interested in the estate; and

†††††††††††† (b)† by the guardian of the estate of a minor where
letters of guardianship have been granted.

††††† 79.Rule 56.31 of the rules is repealed and the
following substituted:

Endorsements on
all grants

56.31.There shall be endorsed the following words upon all grants:

"By the oath or affirmation which you
have taken you are bound to render a true account of your administration whenever
required by law to do so. At such time, you are required to file with the
Supreme Court a statement of account duly verified under your oath or
affirmation showing how the estate has been dealt with."

††††† 80.Rule 56.32 of the rules is repealed and the
following substituted:

Furnishing of
copies by Court

56.32.(1) Any person may demand and on payment of the prescribed fees
receive from the Court a copy of any paper, proceeding or document in
administration, probate or guardianship matters, which copies may be certified
by the Registrar under seal, if so required.

†††††††††††† (2)† The Registrar shall, on payment of the prescribed
fees, furnish exemplifications of probates, letters of administration or
guardianship.

††††† 81.Rule 56.36 of the rulesis repealed and the following substituted:

Approval of the
registrar

56.36.A person who wishes to file electronically a
document, form or other thing required to be filed by this rule may do so by
filing it with the Court in the registry approved for the purpose by the
Registrar, using a computer system and a computer network, electronic forms and
computer format approved for the purpose by the Chief Executive Officer in consultation
with the Chief Justice.

††††† 82.Rule 56.37(1) of the rules is repealed and the
following substituted:

Original of will
etc.

56.37.(1) Notwithstanding a filing under rule 56.36 involving a will,
the original will shall be filed with the court.

††††† 83.Rule 56A.01(h) of the rulesis repealed.

††††† 84.Rule 56A.04(2) of the rulesis amended by deleting the word "registrar" and
substituting the word "Registrar".

††††† 85.(1) Rule 56A.06(5) of the rulesis repealed and the following substituted:

†††††††††††† (5)† An entry of every proceeding shall be made by
the Registrar in an appropriate record maintained manually or in electronic
form.

†††††††††††† (2)† Rule 56A.06(5.4) of the rulesis amended by deleting the word "registrar"
and substituting the word "Registrar".

†††††††††††† (3)† Rule 56A.06(6) of the rulesis amended by deleting the word "registrar"
and substituting the word "Registrar".

††††† 86.Rule 56A.15(1) of the rulesis amended by deleting the word "registrar" and
substituting the word "Registrar".

††††† 87.(1) Rule 56A.21(1) of the rulesis amended by deleting the word "registrar"
and substituting the word "Registrar".

†††††††††††† (2)† Rule 56A.21(2) of the rulesis amended by deleting the word "registrar"
and substituting the word "Registrar".

†††††††††††† (3)† Rule 56A.21(5)(h) of the rulesis repealed and the following
substituted:

†††††††††††† (h)† order an accounting by a person approved by
the Court;

††††† 88.Rule 56A.23(1) of the rules is amended by deleting
the word "registrar" and substituting the word "Registrar".

††††† 89.Rule 56A.24(5) of the rules is amended by deleting
the word "registrar" and substituting the word "Registrar".

††††† 90.Rule 56A.34 of the rules is repealed and the
following substituted:

Rejection of application

56A.34.† Unless ordered
otherwise, the Court shall not accept any originating application or
application for filing without a financial statement or property statement
where these rules require the document to be filed with a financial statement
or property statement.

††††† 91.(1) Rule 56A.45(2)(c) of the rulesis amended by deleting the words "local
registrar" and substituting the word "Registrar".

†††††††††††† (2)† Rule 56A.45(5) of the rules is amended by deleting
the word "registrar" and substituting the word "Registrar".

††††† 92.Rule 56A.46(4) of the rules is amended by deleting
the word "registrar" and substituting the word "Registrar".

††††† 93.(1) Rule 56A.47(2) of the rules is
repealed and the following substituted:

†††††††††††† (2)† The Registrar shall issue a certificate of divorce,
on request of either party, on or after the day on which the judgment granting
the divorce takes effect, where

†††††††††††† (a)† the Registrar is satisfied that an appeal is
not in process; or

†††††††††††† (b)† the spouses have signed and filed with the
Court an undertaking that no appeal from the judgment will be taken, or if any
appeal has been taken, that it has been abandoned.

†††††††††††† (2)† Rule 56A.47(3) of the rules is amended by deleting
the word "registrar" and substituting the word "Registrar".

†††††††††††† (3)† Rule 56A.47(4) of the rules is amended by deleting
the word "registrar" and substituting the word "Registrar".

††††† 94.Rule 56A.50 of the rulesis repealed and the following substituted:

Registrar to
forward forms

56A.50.† The Registrar
shall complete the forms required by the Central
Registry of Divorce Proceedings Regulations under the Divorce Act (Canada)
and forward them to the Central Registry of Divorce Proceedings at Ottawa as required by
those regulations.

††††† 95.Rule 56A.55 of the rules is amended by deleting
the word "registrar" and substituting the word "Registrar".

††††† 96.Rule 56A.58(2) of the rules is repealed and the
following substituted:

†††††††††††† (2)† Where there is a claim for child support, the
Court shall not accept a party's financial information unless

†††††††††††† (a)† copies of the party's
income tax returns and notices of assessment are attached as the form requires,
except where a copy is identified as already in the court file;

†††††††††††† (b)† a statement from the
Canada Revenue Agency that the party has not filed any income tax returns is
attached;

†††††††††††† (c)† the party's signed Canada Revenue Agency
Consent in Form 56A.58A for disclosure of the party's income tax returns and
notices of assessment, is attached; or;

†††††††††††† (d)† the party declares
that he or she is not required to file an income tax return by reason of the Indian
Act (Canada).

††††† 97.(1) Rule 56A.64(4) of the rules is amended
by deleting the word "registrar" and substituting the word "Registrar".†

†††††††††††† (2)† Rule 56A.64(5) of the rules is amended by deleting
the word "registrar" and substituting the word "Registrar".†

†††††††††††† (3)† Rule 56A.64(6) of the rules is amended by deleting
the word "registrar" and substituting the word "Registrar".†

†††††††††††† (4)† Rule 56A.64(7) of the rules is amended by deleting
the word "registrar" and substituting the word "Registrar".†

††††† 98.(1) Rule 56A.65(1) of the rules is amended
by deleting the word "registrar" and substituting the word "Registrar".†

†††††††††††† (2)† Rule 56A.65(3) of the rules is amended by deleting
the word "registrar" and substituting the word "Registrar".†

†††††††††††† (3)† Rule 56A.65(6) of the rules is amended by deleting
the word "registrar" and substituting the word "Registrar".†

†††††††††††† (4)† Rule 56A.65(7) of the rules is amended by deleting
the word "registrar" and substituting the word "Registrar".†

††††† 99.Rule 56A.67(3) of the rules is amended by deleting
the word "registrar" and substituting the word "Registrar".†

†† 100.Rule 56A.68(2) of the rules is repealed and the
following substituted:

†††††††††††† (2)† All reports directed by the judge under this
rule and all depositions and written admissions of evidence upon which an order
of the Court is founded shall be filed with the Court.

†† 101.Rule 59 of the rulesis repealed.

Transitional

†† 102.Where an application was made to the Registrar
under rule 27.01(2) prior to the coming into force of this regulation it will
be treated as an application to the Court.

Forms Amdt.

†† 103.The rules are amended by repealing and
substituting the following forms: